Luca Melchionna’s Answers

Should the date of issue on a Certificate of Citizenship be the same as the date that the certificate was presented to you ?

We filled in a N-600 form to apply for a Certificate of Citizenship for our son. He attended an Oath taking ceremony and received his Certificate of Citizenship.
When we got home we noticed that the date of issue on the certificate is 1 week ear...

Luca’s Answer

October 23, 2016 7:20pm

Not an International Law question but immigration. I have reclassified. Regards,

Luca’s Answer

H4 EAD- C CORP. International Business

Hi,
Currently I am on H4 visa and I have setup a C Corp. I, have a International Business opportunity in Iraq to provide some design services. Does my H4 visa EAD status limit me to do any international business? or international business t...

Luca’s Answer

October 17, 2016 3:31pm

You have some limits to work in the US. this is a question for an immigration attorney. However, as for overseas "business", it is not clear whether you assume this as "work/paid service" or a "business". There is a distinction with repercussions from employment, corporate, visa and tax perspectives. You may also consider to provide service using your original nationality (provided that you do not have other limitations).
As said, there may be some repercussions in the US if you are planning to "work". Something I would carefully plan with an immigration attorney.
Regards,

Will i be extrited from the UK for an OWI

Im a UK citizen living in the US and planning to return to the UK. I'm not yet convicted of OWI third no property or personal injury is involved. I know a bench warrent will be issued and a OWI third is a feleny. Will extradition proccedings be is...

Luca’s Answer

October 16, 2016 11:03pm

Based on the 2003 Extradition Treaty in force between US and UK, the US can extradite UK citizen by proving reasonable suspicion for offenses committed against US law. After its ratification in 2006, the Treaty has been applied to not more than 40 cases. The scope of application - therefore aka extraditable requirements - is limited to offenses that establish deprivation of liberty for 1 year or more.
My recommendation is to consult a criminal attorney with international expertise and be sure to return for your trial. Regards

Luca’s Answer

Can One receive a US passport in US embassy oversee under below circumstances?

there is an outstanding bench warrant in Sate Court in US for class II felony. The original passport is forfeited in US by court condition. Defendant left US by plane. Provision 22 CFR 51.70. Title 22: Foreign Relations PART 51—PASSPORTS Subpart E...

Luca’s Answer

As a US based small business, are there restrictions on doing consulting work with an entity in Iran?

Since there has been lifting of sanctions in January of 2016, but regulations remain unclear, I would like to know:
1- As a small architectural US company, can we provide remote consultation services (design) to an entity in Iran, if the design d...

Luca’s Answer

October 16, 2016 2:54am

The law, 31 CFR 560.204 prohibits exportation, re-exportation, sale or supply of goods, technology, or services to Iran for US citizens. No services are allowed even if there is no exchange of money. After January 14, 2016 only a handful of sanctions have been lifted, namely the nuclear-related secondary ones.
If you are interested, you can apply for a specific license - currently prohibited - for the activity that you are planning to conduct.
I would suggest to check the OFAC website to verify the latest regulations on this situation. Regards,

Does a foreign owner signing a quit claim deed originate taxes on himself?

The person acquiring ownership is the daughter of the original owner and the daughter is a US born person.

Luca’s Answer

October 15, 2016 2:21am

You would need to specify whether you are a resident alien for tax purposes or a non resident alien who elected to be treated as a resident. If not, FIRPTA imposes a withholding of 10% of the amount realized unless the sale is below $300k and for the first 2 years after the transfer your daughter will use the property for personal purposes (for at least 50% of the time). Good luck

Luca’s Answer

Does a US citizen have cause to bring up civil RICO action if he is a victim of unrelenting attempted murder strategies by..

Is civil RICO where I can sue all the corrupt corporations and track organized individual gangs that are constantly strategizing to take my life? Can I flood them all with judgment debt especially since the US FBI, DOJ, Menlo Park police, etc. are...